Summary

On 13 March 2015, a Tai Lue man “Sao”, came to the Criminal Division for Holders of Political Positions of the Supreme Court to submit a petition against former Prime Minister Thaksin Shinawatra and also claimed himself to have connection with His Majesty the King. The message in his petition has led to a charge under Section 112 of the Criminal Code.

28 May 2015, after the provisional detention period was ended, the inquiry officer did not pass this case to the prosecutor becase he temporarily hold the investigation and sent Sao to be exmanined his mental condition at Kanlaya Ratchanakarin Institute.

A 51-year-old man “Sao” is a member of Tai Lue minority according to his house registration. He is a fourth cild from six alive siblings. He has a 91-year-old father who is now facing a stroke.

Telling his lawyer he was originally born in Chiang Rung and in 1884 he entered into Thai territory by walking across the border. Sao’s younger brother said that although his brother did not have a chance to study in school but he became literate by studying with volunteer teachers together with learning by himself.

From his relative’s statement, when Sao was 17-18 years old, he served as a mercenary for Krating Daeng unit (far right wing group) for more than ten months. Then he got an injury on his right leg and was sent to a veteran hospital. Later he and one of his younger brothers met with a car accident during his early 20s.

Then, he became a fishing boat crew for about 10 years before coming to Chiang Rai and staying with his relative. He was later arrested on drug charges, making him imprisoned for 13 years. After his exemption, he ran garlic gardens in Chiang Rai for a year. But, he was arrested again, this time in Chiang Mai, and spending a couple of years behind bars. After that, he started to have inattentive symptom and talked to himself with words not able to understand.

During that time, Sao is reported to frequently change his job. The last job before being arrested was being a security guard in Pathumthani.

However, Sao does not have a record on physical violent. After released from prison, Sao's younger borther told that Sao put a paper under his table with a message given that he wants Thaksin to take care of his property which this seems not true.

Sao has claimed that he could have a conversation with His Majesty by “pierce through television”. He also stated that village fund project, OTOP (One Tambon One product), land ownership distribution plan, etc were his own ideas which he communicated with former PM Thaksin by telepathic method through Television.

Complainant / Plaintiff

An officer authorized by Criminal Division for Holders of Political Positions of the Supreme Court went to report to Thung Song Hong police staton.

Sao was accused of lèse majesté offence as on 13 March 2015 he came to the Criminal Division for Holders of Political Positions of the Supreme Court to file an A4 paper petition with his own handwriting. The paper stated in a manner likely to claim that he was assigned by His Majesty the King to allocate a certain amount of money. The money was said to be transferred to a former PM, Thaksin Shinawatra, to trade in the stock market.

Just shortly after selling the stocks came the political crisis. He claimed that his name was mentioned on air by former PM Thaksin who required him to be responsible for the situation. With his own thought to protect himself, he then thought about royal statement that says, “PM Thaksin is greedy. Thaksin Government projects always create losses. Thaksin also adjusted the former concession contract by changing a 50/50 revenue sharing model between the Government and himself (as an operator) to become 10/90 respectively”. He therefore submitted a request to amend the contract.

Due to such alleged message, Sao was then accused of defaming the monarchy according to Section 112 of the Criminal Code.

Sao went to Office of The Attorney General, Department of Special Cases to asked the officer to bring back his case. The officer told him to go to court, the officer at the court told him to get a lawyer. Because he did not have money to pay a lawyer he then returned home and wrote a 3-page request by his own handwriting. The request consisted of a paper writing on both sides and another paper asking for a probono lawyer with the names of 4 witnesses, including one prison officer, who can confirm that Sao can contact with HM the King through television.

13 March 2015

Sao came to the Criminal Division for Holders of Political Positions of the Supreme Court to submit a petition against former PM Thaksin Shinawatra. The petition was an A4 size paper with his own handwriting.

20 April 2015

At Thung Song Hong police station, a authorized representative from the Criminal Division for Holders of Political Positions of the Supreme Court came to the police and filed a report against Sao. The inquiry officer summoned him to acknowledge the charge of lèse majesté.

Approximately during 11-12 May 2015

Sao was informed by his relative who lived in Chiang Rai about the summons. Although he never saw the summons letter with his own eyes.

13 May 2015

Sao reported himself at Thung Song Hong station. He intended to go there as to follow up a report he used to file. But he was informed about the charge filed against him.

During 13 - 28 May 2015

After acknowledging the charge, Sao still continued doing his work until 28 May 2015. Thung Song Hong police summoned him to hear the accusation and to sign a couple of charge-acknowledgement forms. Later, he was sent to request for a provisional detention at Criminal Court.

15 July 2015

A lawyer from Thai Lawyer of Human Rights (TLHR) made a request to the inquiry officer for additional testimony giving and a request for the suspect’s mental illness examnation, cited according to on Section 14 of the Criminal Procedure Code. It was later reported by a prison staff that Sao was sent to see psychiatrist at Correctional Hospital on 14 August 2015.

19 August 2015

After the period of provisional detention ended, the public prosecutor has not yet filed the case. The interrogation was suspended while the suspect would be treated at Kallaya Ratchanakarin Insitute until he recovers from the mental disorder or regains competency to defend the case. The suspect would be released from the prison on 20 August 2015 around 12:00 pm. The inquiry officer was responsible for the suspect’s treatment admission.

Meanwhile, there was a letter made by Thung Song Hong police station to Salaya Police Station where the Kanlaya Ratchanakarin Institute is located, asking to suspend Sao and inform Thung Song Hong station if the suspect got released from the Institute.

4 February 2016

Thai Lawyers for Human Rights reported that after examning the metal condition, psychiatrist agreed that Sao was insane but still able to plea in his case. The lese majeste committee of the Royal Thai Police then ordered to prosecuted this case. The inquiry officer submitted the case to military prosecutor and brought Sao to see the prosecutor on 4 February 2015 at Bangkok Miltary Court. The prosecutor informed that they need more time to consider the evidences and schedule to hear the prosecution order again on 20 April 2016.

19 September 2016

Witness Examination

At 10.30 am., the Court began the proceeding and informed that the military prosecutors would revise a statement of accusation to increase the punishment because they found that Sao used to be a prisoner in drug case. However, Sao's lawyers rejected the revision.

During the examination, some titles of the documents did not match with the evidence list declared to the prosecutors.

Moreover, there is still a missing evidence waiting to be sent to the lawyers that include Sao's medical, history from Mae-ai hospital in Chiangmai province and the prosecutor testimony record. nevertheless the prosecutors claimed the criminal procedure code, sections 173/2 for did't sent it.

The court thus proposed to the prosecutors and the lawyers to discuss and thoroughly re-check the list to ensure the completion of evidence. The witness examination therefore is postponed to the 25th November 2016